LAW October 28, 1992 n.83 (published November 19, 1992)
Sorting Judicial

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law passed by the Council Great and
General at its meeting of 28 October 1992.

Art.1 (General principles)
the Republic, through the Great and General Council, entrusts judges the exercise of judicial functions and
guarantees their full Independ nce and freedom of judgment, in accordance with the provisions of the Declaration
of citizens' rights and fundamental principles of the San Marino
of Law 59 of July 8, 1974.
The magistrates are appointed by the Great and General Council and are accountable to
Board and in the cases provided by law.
Subjects only to the law and required to provide timely int rpretazione and application of existing law,
are called, and remain in their functions for professional competence, objectivity and impartiality
.
In compliance with the established traditions of the Republic the judiciary is adapting to
tyrannical nature of the body judgmental.
The provisions of this law governing the civil and criminal jurisdictions as well as the administrative jurisdiction
of Law 68 of June 28, 1989.

Art.2 (magistrates and judges Auditor Commissarial)
They are the ordinary judicial bodies Judge of Appeal, the Law Commissioner, the Conciliator Judge
, the Auditor commissioner, the Juvenile Court and, as expressly
cases provided by law, the Great and General Council and the Council of the Twelve.
The Juvenile Court will be governed by specific and later law.
The judges carry all judicial duties assigned to them expressly by law.
The Auditor assists the Law Commissioner in his activities; may be delegated to him or delegated
, the Law Commissioner, investigative functions in civil and criminal matters.
The individual courts can be assigned more 'Judges, each of which is guaranteed
fullness of judicial office.

Art.3 (Magistrates of administrative jurisdiction)
The organs of the administrative Gudice administrative court of appeal and the Administrative Judge
of First Instance.
The individual courts can be assigned more 'judges, each of which is guaranteed
fullness of judicial office.

Art.4 (Magistrates prosecutors)
They are prosecuting magistrates, the Prosecutor of the Treasury and the Pro-Fiscale.
The Attorney of the Treasury directs the office, organizes the activities and exercises personally the funzioi
attributed to this.

Art.5 (judicial functions of the Great and General Council and the Council of the Twelve)
The Great and General Council retains exclusive competence for the extraordinary remedy of restitutio in integrum and
nullitatis lawsuit .
At the Council of the Twelve are entrusted with judicial duties in civil and administrative matters
of third instance court, in cases of dual judgment does not comply, the exception should not exercise the hole
for lack of jurisdiction and any other assigned to by the same law.
Dedicated provision of law shall establish the appeals procedure under the above materials.

Art.6 (Appointment of Judges)
The Judges of Appeal, the Commissioners of the Law, the Prosecutor of the Treasury, the Pro-Tax, the
Conciliators Judges as well as the Administrative Judge of Appeal and the administrative Judges of first degree
are appointed by the Great and General Council, on a proposal from the Council Commission
Affairs of Justice under Article 13.
The Great and General Council shall not appoint magistrates with
majority of not less than two-thirds of its members in the first three votes and an absolute majority from the fourth vote
.
The voting must be held in separate sessions and succe sive.
The magistrates are chosen for specific professionalism, objectivity and impartiality.
In performing the engagement must always manifest sure doctrine and prudent balance and
constantly keep an irreproachable good character.
Before taking office lend oath of allegiance to the Republic.

Art.7 (duration of judicial appointments)
The Judges of Appeal, the Commissioners of the Law, the Prosecutor of the Treasury, the Pro-Tax, the
Judges Conciliators appointed from among the auditors as well as the commissioner the administrative judge
administrative and appellate judges of first Instance's no appointed initially for a period of

Four years and subsequently confirmed in indefinitely, subject to the provisions of article 14
.
The Judges appointed conciliators between lawyers are appointed for a term of three years and can be reconfirmed in his role
for successive periods of three years, subject to article 14.
The magistrates who have exercised judicial office for at least ten years, may
ask for serious personal reasons and family to the Great and General Council to be inserted
in public administration.
The grading will be done with the advice of the State Congress, which, after consulting the Judicial Council
, to attribute responsibility functions.

Art.8 (Recruitment of Magistrates)
The Judges of Appeal, and the judge administers ivo appeals are designated preferably
magistrates or between those who have acquired the title of university professor
role in legal matters, or a lawyer, that I match in the activities
for at least fifteen years of age and who are not less than forty-five.
May be appointed Judges of Appeal, also the Law Commissioners
with at least ten years of service and Administrative Judge of Appeal Administrative Court of First Instance
at least ten years of service.
I of the Law Commissioners, the Prosecutor of the Treasury and the Pro-Tax as well as the administrative judges of first instance
are designated preferably from the magistrates or between those who have acquired the qualification of
university professor in materials legal, or between the auditors
commissarial with no less than eight years of service, or between lawyers who have worked for
least six years and that they are of age or older at nta years.
The magistrate is incompatible with INCARI hi political. Additionally, the functions of
Law Commissioner, the Attorney of the Treasury, the Pro-Tax, the Auditor commissioner, of
Administrative Judge of Appeal and the Administrative Judge of First Instance is incompatible with the exercise
the profession and should be exercised in compliance with the requirements
office.
Justicars Judges are appointed from among law graduates in possession of any professional
enrolled in the order of the defenders at least five years or between the auditors of the commissioner in charge
at least two years.
The Conciliator Judge Office is incompatible with the nature of political appointments and
with the exercise of the legal profession.
The commissioner's auditors are appointed from among law graduates
.
The auditors are appointed by acknowledgment of the Great and General Council pursuant to ad hoc
competitive examination, to be held by means of written and oral tests, ahead of a commission
jury consisting of three magistrates appointed by Council Commission for Justice
Business.
The Judicial Council of the ordinary jurisdiction of the magistrates will govern with
special regulation, the examination papers.

Art.9 (Character tyrannical organ judgmental)
The judicial body, be able to appeal, it has a tyrannical character.

Art.10 (The Executive Magistrate of the Commissioner's Court Civil and Criminal)
The Great and General Council, on a proposal from the Council Committee for the
Justice, Business appointment for the duration of three years among magistrates members of the commissioner's Court Civil and Criminal
, the Executive Magistrate, who is given organizational powers and the judicial work
distribution, monitoring, coordination and management of judicial offices
, except the purely administrative functions, without affecting the autonomy of decision-making
each judge.
The Law Commissioners, the Conciliators Judges and auditors commissarial
are required to comply with the regulations issued pursuant to the preceding paragraph pr.
The Executive Magistrate is required to report annually on the state of justice
Great and General Council, the Deputy Justice and the Judicial Council.

Art.11 (The Judge of the Administrative Court Manager)
The Great and General Council, on a proposal from the Council Committee for the
Justice, Business appointment for the duration of three years between the magistrates members of the administrative Court,
the Executive Magistrate, who is given powers and organizational work distribution
judicial surveillance, coordination and direz one of the courts, with the exception of
purely administrative functions, stops prejudice to the decision-making autonomy of each judge.

Administrative Court of First Instance are required to comply with the regulations issued under the preceding paragraph
.
The Magistrate of the Administrative Court Officer is required to report annually on the state of justice
to the Great and General Council, the Deputy Justice and the Judicial Council.

Art.12 (Judicial Advice)
The Judicial Council of Magistrates in the courts and the Judicial Council of Magistrates
of administrative jurisdiction have functions of representation and warranty judiciary
and they are respectively compsti each from ordinary and the other by administrative magistrates
Magistrates.
Judicial Councils in the preceding paragraph shall be chaired by the Deputy Justice, which
is a member of law. The work of the sessions of the Judicial Councils shall result from specific
report.
Judicial Councils may consider general issues relating
the administration of justice, the relationship between the judiciary and other state bodies, with
right to suggest guidelines and proposals.
Judicial Councils may make requests and give advice on organization of
judicial offices; They must also report to the Council Committee for Affairs of Justice
liability situations, incompatibility and unsuitability of individual magistrates.
For the validity of the deliberations of the Judicial Councils you are always required the presence of at least two thirds of the members
.
The resolutions are adopted by an absolute majority.
In the ordinary way the Judicial Councils is riuniscon twice a year every six months. In extraordinary
judicial councils are convened by Deputy Justice
its own initiative or when requested by at least one third of the members.
In all cases of responsibility, incompatibility and unsuitability about individual Magistrates
these must be heard personally or through a pr special guardian, but can not
participate in or attend the discussion and deliberations.

Art.13 (The Council Committee for Affairs of Justice)
The Council Commission for Justice Affairs consists of eight directors, appointed by
Great and General Council at the beginning of each legislature with a majority not less than two-thirds.
It 'chaired and convened by the Captains Regent, while it is part, full-fledged Member of the
Justice.
The Council Committee for Justice Affairs relates to all its activities only to
Great and General Council.
The Commission shall have the powers of initiative and investigative functions related to the appointment of Judges and Magistrates
Executives, the actions provided for by artt.14 and 15 of this Act EPR
any other matter relating to the administration of Justice and the judiciary.
In the preliminary investigation concerning the proposal of Conciliators Judges appointed from among lawyers,
Commission must seek the opinion of the Bar Council of Lawyers and Notaries. Considered superior
and general interest that Magistr will be described by the more 'broad consensus
guarantee institutions and the Commission will operate in a spirit of responsibility connected
commitment to solidarity in the search for a unanimous decision proposal the Great and General Council.
To this end, the Commission, if necessary, would meet every five days for three consecutive sessions
.
If unanimity becomes impossible, the Commission will vote on the proposal by a majority of two thirds
the first meeting, and an absolute majority in the next and final meeting.
The dissenting views expressed by the members to do rigua candidates must be motivated.
The Council Committee can request reports to the M istered
Executive Commissioner's Court and the Judicial Council as well as the Ordinary Executive Magistrate of the Administrative Court and the Judicial Council
Administer ivo.
For the validity of the Commission's deliberations requires the presence of at least two thirds of the members
.
The resolutions are adopted by an absolute majority.
The Directors who, for the practice of law or an accountant, have direct interests
with the administration of justice, they can not be part of the Council Commission
for Justice Affairs.

Art.14 (Liability of Judges: Action syndicate, decadence and exemption)
The magistrates referred to artt.2,3, and 4 are institutionally
responsible to the Great and General Council .
In the course of the mandate they can be held accountable by the action of the union.

The Great and General Council declare the disqualification from office of magistrates, when it
ascertained the loss of the essential requirements for permanence in functions.
The Great and General Council may decide to eson r from office policies where the magistrate has
compromise the confidence, respect, moral and professional estimation in the supervisor or the administration of prestige
justice.
It can be arranged during the interim suspension of forfeiture proceedings and exemption waiting
of its definition.
In this case, the Magistrate is paid a maintenance allowance of an amount set by
Great and General Council, it can also be changed subsequently.
The action initiative powers of the union is entitled to at least one third of members of the
Council Commission for Affairs of Justice or to the initiative of at least one-fifth of
members of the Great and General Council.
The magistrates are entitled to be heard in person or through a special agent and
exercise their defense in the standards required by law.
The Great and General Council at the beginning of the legislature shall appoint two magistrates to one forensic
entrusting the ascertainment of the facts and law on which it
to unfold the union process and putting the other its judgment action syndicate
. The appointment is made by the rules stated in article 6, second paragraph and in article 8, first paragraph
.
The judge to whom the assessment is passed the document instituting proceedings by the
Civil Registrar of the Commissioner's Court, shall give notice to the Magistrate
concerned, and taken all appropriate information and listen to all stakeholders, decision on admissibility and merits of the application
by ermine three months of the transmission of the same
.
The declaration of the inadmissibility of
asked preclude the prosecution.
If the application is declared admissible, the Judge has the continuation of the assessment process
and transferred the case to the deciding Magistrate, which assigns to the two-party terms, of each test and the
' another subsequent rebuttal, the tren a day each for the presentation at the
Civil Clerk of the Court, the evidence, as well as a thirty-day period for the filing of the respective
final statements; after that within three months, it shall issue
judgment.
The syndicate judgment it is transmitted to the Great and General Council for the acknowledgment.

Art.15 (Liability of Magistrates)
Any person who suffers damage arising from legal proceedings in the ordinary Magistrate
or administrative adopted by malice or gross negligence or denial of justice, can act
against the State for compensation for property and moral damage also
arising from unjust deprivation of liberty.
In the exercise of judicial functions can not give rise to liability the activities of
interpretation of provisions of law nor of the fact that of Eval and tests.
It is the denial of justice denial, omission or delay in the fulfillment of the magistrate
acts of his office when, after the statutory deadline for the performance of the act, the party presented
the instance to get the measure have elapsed unnecessarily, without justified reason
, sixty days from the date of filing AC Chancellery.
If the term is not intended in any case have to run unnecessarily ninety days from the date of filing
for instance stationery aimed at enforcing the measure.
Constitute serious misconduct:
1) a serious breach of the law resulting from inexcusable neglig nce;
2) the statement given to inexcusable negligence, of a fact the existence of which is indisputably refuted by the
procedimnto;
3) the denial, due to inexcusable negligence, of a fact the existence of which is indisputably established by documents in the case
;
4) the decision concerning personal liberty in the cases permitted by law or without due reason
.
The action for damages must be brought against the Government Mayors
within one year after the res judicata court ruling that defines the process by which the
harmful event occurred. The application must re ess filed with the Registrar of the Civil
Commissioner's Court.
Within a year dall'avvenuto damages the state exercises the action of recourse against
Magistrate whose measure or the violation of which has caused the damage.

The magistrate whose decision is the subject of giud uncle, can intervene at any stage of the proceeding
.
The ruling in the lawsuit filed against the State does not state in the judgment of revenge
if the Magistrate is not voluntarily intervened the judgment.
The Great and General Council at the beginning of the legislature appoints a magistrate forensic
which entrusts education and its judgment concerning the action of liability that
play with the rules of procedure ordinary.
Against the judgment issued by Judge deciding appeal shall lie to the Court of Appeal, consisting
in the person of a forensic Magistrate designated with the procedures laid down
artt.6, 8 to that office by the Great and General Council beginning of the legislature who will
according to the ordinary civil appeal procedures.
The ruling is transmitted to the acknowledgment to C nsiglio Great and General.

Art.16 (Suspension)
The Magistrate Ordinary or Administration, which by its own, from being in a condition not
more 'suitable to the exercise of judicial office may ask the Great Council and general
to be relieved.
The Great and General Council may lift it permanently from office or suspend him from the sun
functions as a transitional measure, and in this case applies the remuneration provided for in the sixth paragraph of article 14
.

Art.17 (Exclusion and objection)
Where there are serious reasons, determined by blood, affinity, friendship, enmity, economic
or work among the magistrates or their next of kin and one of the parties or the advocates of these
in civil or administrative judgments, or the person accused or suspect in custody or injured party
, or defenders of these people in the criminal trial, you magistrates are obliged to declare it.
The same obligation exists in case the aforesaid magistrates have rendered advice, opinions or
have expressed their conviction on the facts object of the process as well as for other serious
reasons of convenience or of personal interest from those divrse listed.
In cases where there is a duty of astensioe, the parties may object to the magistrates.
On the request of abstention and recusal decides the Council of Twelve.

Art.18 (pay indemnities)
It is up to the magistrates Ordinaries and Administrative the salary provisions of Annex F
Law 41 of December 22, 1972 and subsequent amendments.
The salaries received by the magistrates are treated as social security purposes as well as for tax purposes in accordance
article 18, paragraph three, of Law 91 of October 13, 1984, the income of employees.
Indemnities may be established and definit with appropriate Regency Decree.

Art.19 (Treatment Convention)
At the request of the Magistrate concerned, after consulting the competent Judicial Council, the Great and General Council may
however, provide that the pay treatment under art.18
of this Act is paid as part of a relationship regulated by a special agreement.

Art.20 (coordination rules)
The rulings given by the Conciliator Judge are Appell ble forward to the Law Commissioner.
The Labor Judge of the Appeals functions are delegated to the Judge of Appeal, Civil
.
(Transitional provisions)

Art.21 The magistrates members of the Commissioner's Court to have been appointed to one of the tasks referred
art.2, and have already proven to have acquired the necessary professionalism Possoni
be appointed Commissioner of the Law though not fulfill the requisites established by Articles.
7 and 8 of this Act.
The Great and General Council will ensure the autonomy of judges and magistrates of the Commissioner's Court Magistrate
Manager, in accordance with the provisions contained in articles. 7, 8, 10 and
in the previous paragraph within three months of entry into force of this Act.

Art.22 The magistrates members of the Administrative Court to have been appointed to one of the tasks referred
art.3 and who have given evidence of having acquired the necessary professionalism, Possoni
be confirmed in their office although they not fulfill the requisites established by articles 7 and 8 of this Act
.
The Great and General Council will ensure the autonomy of the magistrates of the Court Administrative
accordance with the provisions contained in articles. 7,8,11 and
in the first subparagraph within three months of entry into force of this Act.

Art.23 The Office of the Prosecutor constitution of the Treasury will be upon the entry into force
of the new Code of Criminal Procedure. Art.24


Until the entry into force of the new Criminal Procedure Code for all crimes committed in
from the day following the publication of this law in the Official Bulletin, you
proceed only in accordance with the rules laid down for the procedure however
summary assigning to a Law Commissioner the function investigation and other Law Commissioner the
judgment.
Cognition can appeal it will be up to the Judge of Appeal, Penalty.
For offenses committed before will continue to apply the provisions of the current Criminal Procedure Code
: the functions of Judge of First Instance and of Appeal, Judge Penalty
will be conducted by the magistrates who currently ricopono the equivalent tasks,
where are hereby confirmed until all the related processes.
The Judge of Appeal, penalty will be competent to rule on appeals brought against the measures
issued by the Law Commissioner on the subject of precautionary measures
personal and real.
In all of the law in which we talk about First Criminal Judge can these must be understood
replaced with the Judge of Appeal, Penalty.

Art.25 For the duration of this parliamentary term the members of the Council Commission for the
Justice Affairs are appointed by the Great and General Council within one month from the entry into force of this Act
. Art.26

And 'repealed all provisions incompatible with the footsteps of this Act.

Art.27 (Entry into force)
This Law shall enter into force on the fifth day following that of its legal publication.
Our Residence, this day of 17 November 1992/1692 Foundation of the Republic THE CAPTAINS REGENT

Romeo Morri - Marino Zanotti

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Antonio Lazzaro Volpinari